The Owners – Strata Plan No 91322 v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2019] NSWCA 89

The Owners – Strata Plan No 91322 v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2019] NSWCA 89

The holder of a 99-year leasehold interest is not a 'successor in title' to the freehold owner/developer for the purpose of statutory warranties under the Home Building Act 1989 (NSW), as there has been no transmission of the freehold title—the relevant title for succession—within the statutory meaning.

Parties
Appellant: The Owners - Strata Plan 91322; First Respondent: Trustees of the Roman Catholic Church for the Archdiocese of Sydney; Second Respondent: Spring Cove Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
24 May 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment After Dismissal at First Instance
Outcome
Appeal dismissed; leave to appeal granted if required; appellant to pay respondents' costs.
Legal Topics
Strata Title, Leasehold Strata Scheme, Enforcement of Statutory Warranties, Successor in Title, Home Building Act 1989 (nsw)
Land Law Strata Title Leasehold Strata Scheme Enforcement of Statutory Warranties Successor in Title Home Building Act 1989 (nsw)

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Parties

The Owners - Strata Plan 91322

Appellant

Trustees of the Roman Catholic Church for the Archdiocese of Sydney

First Respondent

Spring Cove Developments Pty Ltd

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment After Dismissal at First Instance

Legal Issues

  1. 1 Whether the holder of a 99-year lease in a leasehold strata scheme is a 'successor in title' under the Home Building Act 1989 (NSW) and so entitled to enforce statutory warranties.

Ratio Decidendi

The holder of a 99-year leasehold interest is not a 'successor in title' to the freehold owner/developer for the purpose of statutory warranties under the Home Building Act 1989 (NSW), as there has been no transmission of the freehold title—the relevant title for succession—within the statutory meaning.

Court Disposition

Appeal dismissed; leave to appeal granted if required; appellant to pay respondents' costs.

Orders

  • Leave to appeal, if required, be granted
  • Appeal dismissed